Judge says state illegally denied voting rights to thousands

Updated 6:29 am, Thursday, May 8, 2014

The state's top elections official illegally denied voting rights to tens of thousands of Californians who served sentences for nonviolent felonies and then were placed under county supervision, an Alameda County judge ruled Wednesday.

Secretary of State Debra Bowen wrongly barred the voting privileges of lower-level felons who were sent under Gov. Jerry Brown's "realignment" program to county jail instead of state prison, Judge Evelio Grillo wrote in a 27-page ruling.

Grillo said ex-offenders who are placed under the supervision of county probation officers, rather than state parole agents, after their release are not on parole.

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The judge said the state Legislature passed the realignment act with the goal of reintegrating former inmates into society, which would also include the right to vote.

"The plain language of the statute suggests that the integration of adult felons into society would be facilitated by allowing" the ex-offenders to vote, Grillo wrote, adding, "California law requires this court to give every reasonable presumption in favor of the right of people to vote."

"Today's ruling is a victory for California's democracy," said ACLU attorney Michael Risher. "By following the plain language of our state's voting laws, the court's ruling will help ensure that in California, one of the nation's most fundamental rights - the right to vote - will be protected and not restricted."

Convicted felons in California were barred for life from voting until 1974, when voters amended the state Constitution to limit the ban to those who are "imprisoned or on parole" for a felony.

In a December 2011 memorandum to county registrars, Bowen said a fixed period of post-release supervision for anyone sentenced for a felony is the "functional equivalent of parole."

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